Legal Opinion
Ward v. Marino
New York Supreme Court
Decided July 23, 1970PublishedCited by 1 opinion
1Opinion of the CourtBernard S. Meyer, J.
This motion involves yet another ramification of Gelbman v. Gelbman (23 N Y 2d 434, decided Jan. 9, 1969). By it the personal representative of a deceased father-passenger seeks leave to serve a supplemental summons and amended complaint asserting against his daughter, the driver, causes of action for conscious pain and wrongful death. The collision having occurred on February 20, 1966, the causes of action are time-barred unless CPLR 203 (subd. [e]) saves them. If it does not, the requested leave should not be granted (East Asiatic Co. v. Corash, 34 A D 2d 432; Trybus v. Nipark Realty Corp.,…
2Cases cited5 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Arnold v. Mayal Realty Co.New York Court of Appeals · 1949
- Berlin v. GoldbergCivil Court of the City of New York · 1966
- Ringle v. BassNew York Supreme Court · 1965
- Mayes v. Harnischfeger Corp.New York Supreme Court · 1969
3Cited by1 opinion
- Brock v. BuaAppellate Division of the Supreme Court of the State of New York · 1981